Licensing Do's and Don'ts

(a) Do

If you did not create it yourself, assume its copyrighted by a third
party, and you must obtain permission from someone.

If in doubt about licensing requirements, ask for permission from the
legal copyright owner(s).

Never assume that a licensor has all the rights you need; It's the
licensee's responsibility to clear all rights. Get indemnification from
licensors whenever possible.

In all cases consider the context of the use of content.

Weigh the risk of legal exposure against the commercial gain.

Always assume and prepare for delays in getting content on time.

Budget reasonably for content: Assume the worst.

Have back-ups for all content in case you can't get the ideal image,
footage, etc.

Provide for a credit for the content that you use - most sources require
it by contract.

Many licensors require a copy of the product for verification that you
used the correct amount of content and used it appropriately.


(b) Don't

Never assume that you'll necessarily obtain rights to content; you
may not.

Watch out for "public domain" and "fair use"; the chances are that
your content is neither.

Don't trap yourself by using content without first getting a quote and a
sense that it can be cleared in time and within your budget for the
project.

Don't assume that you can use content that someone else has
licensed in your projects. Even content licensed for a colleague sitting
next to you could be licensed to that one person only. This is
especially true with software licenses.

Never use content in a defamatory or negative manner. Be especially
careful how you portray well-known people.